Leeds -v- Admatch [2011] JRC 101 (19 May 2011)

Leeds -v- Admatch [2011] JRC 101 (19 May 2011)

The defendant failed to comply with unless orders to file documents and pay costs, despite clear warnings and opportunities. No compelling reason was advanced for non-compliance, and the failures were not due to circumstances beyond the defendant's control. The court's discretion to extend time was not exercised in the defendant's favour. Judgment was therefore granted to the plaintiff.

Citation
[2011] JRC 101
Parties
Plaintiff: Leeds; Defendant: Admatch
Jurisdiction
Jersey
Judgment Date
19 May 2011
Procedural Posture
Civil / Application for Judgment Following Non Compliance With Unless Orders
Outcome
judgment for the plaintiff
Legal Topics
Unless Orders, Striking Out Pleadings, Judgment for Non Compliance, Extension of Time, Costs
Civil Procedure Unless Orders Striking Out Pleadings Judgment for Non Compliance Extension of Time Costs

Case Brief

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Parties

Leeds

Plaintiff

Admatch

Defendant

Procedural Posture

Civil / Application for Judgment Following Non Compliance With Unless Orders

Legal Issues

  1. 1 Whether the defendant's failure to comply with unless orders justifies striking out the answer and entering judgment for the plaintiff
  2. 2 Whether the court should exercise its discretion to grant a retrospective extension of time for compliance with unless orders

Ratio Decidendi

The defendant failed to comply with unless orders to file documents and pay costs, despite clear warnings and opportunities. No compelling reason was advanced for non-compliance, and the failures were not due to circumstances beyond the defendant's control. The court's discretion to extend time was not exercised in the defendant's favour. Judgment was therefore granted to the plaintiff.

Court Disposition

judgment for the plaintiff

Orders

  • Judgment in the sum of £190,400 against the defendant in favour of the second plaintiff.
  • Interest at 2% above the base rate of Barclays Bank plc from December 2005.